Sex Scandal Could Possibly End Careers of Lakeland Police Officers

Published: Friday, June 28, 2013 at 11:47 p.m.

Last Modified: Friday, June 28, 2013 at 11:47 p.m.

LAKELAND | If internal investigations uphold allegations of sexual impropriety by Lakeland police officers, they could have even bigger problems than whatever punishment is meted out by LPD.

Under the category of "moral character violations," LPD officers could lose their Florida police certifications. Certification, similar to a license, allows them to be police officers. No certification — no job.

"It's called ‘the death penalty,'" said Andrew J. Scott, a former Boca Raton police chief who operates a police consulting business.

A State Attorney's Office's report released earlier this week details allegations of dozens of consensual and multiple forced sexual encounters involving more than 20 LPD officers or former officers, including supervisors, and crime analyst Sue Eberle.

Eberle, 37, is on paid administrative leave from her $42,000 per-year job. Four LPD officers and a Lakeland Fire Department worker are on paid leave or modified duty, according to city officials.

Now that the investigation by the Florida Department of Law Enforcement and the State Attorney's Office is over, without resulting in criminal charges, LPD officials say they can continue their own internal investigation and determine whether departmental policies were violated.

If an allegation is found to be "sustained" in the internal investigation, that could result in departmental suspension or termination, depending on the severity of the violation.

Details of all sustained moral-character offenses committed by sworn police officers are sent to the state Criminal Justice Standards & Training Commission for review.

Moral character offenses include all felonies, some misdemeanor offenses and some non-criminal offenses.

Here are some of the allegations contained in the State Attorney's Office report and the corresponding punishment from the state commission that could follow if an allegation is sustained by LPD:

Engaging in sex while on duty is punishable by suspension to revocation of a sworn officer's certification.

Failure to report sexual battery, committing an unnatural or lascivious act and the display of obscene or lewd material are punishable by a range of actions from probation to suspension.

Exposure of sexual organs is punishable by a range of actions from suspension with probation and counseling to revocation.

Misuse of official position is punishable by suspension.

Sexual harassment involving physical contact or misuse of position is punishable by a range of actions from probation with training to suspension.

Some of the officers who resigned during the initial stages of the investigation won't have to face continued internal affairs scrutiny. But there is a black mark in their local and state records.

Gretl Plessinger is spokeswoman for FDLE, which serves the Standards & Training Commission. She said all police agencies in Florida are required to submit information to FDLE whenever a sworn officer leaves a department.

If an officer leaves during an internal investigation that focused on the officer, that should be noted on the officer's "global profile sheet." That sheet details significant dates, training and certifications.

In the cases of LPD Officers Dan Jonas and Steve Sherman, both of whom left the department earlier this year during the investigation, their information indicates the departure wasn't clean.

Jonas' sheet at the state says he left while being investigated for violating LPD policy. Sherman's sheet says he left in lieu of separation for violating moral character standards.

When police departments consider whether to hire an experienced officer, they routinely check the state information to make sure there's nothing problematic, Plessinger said.

Sometimes violations fall under broad categories. LPD, for example, doesn't have a stated policy against many of the behaviors that have been alleged, such as having sex in a squad car or in a police department building.

Nobody does, said Scott, the police consultant. He said departments usually tuck such violations into "conduct unbecoming" or "moral turpitude" prohibitions.

LPD does have a policy, signed by Chief Lisa Womack, that forbids sexual harassment, and it outlines how to report such harassment if it happens. The policy includes the use of obscene photos at work, another allegation revealed in the State Attorney's Office report.

Womack has signed many policies, mostly called general orders, for LPD officers to follow, including the following:

"Sworn members shall conduct themselves at all times, both on and off duty, in a manner that is in keeping with the highest standards of the law enforcement profession. Sworn members shall not participate in any incident that involves moral turpitude or prevents their ability to perform as law enforcement officers."

Scott said the allegations identified in the LPD report are terrible but said if he were the chief he would also be very concerned about workers who knew about sexual improprieties and never reported it, particularly police supervisors.

<p>LAKELAND | If internal investigations uphold allegations of sexual impropriety by Lakeland police officers, they could have even bigger problems than whatever punishment is meted out by LPD.</p><p>Under the category of "moral character violations," LPD officers could lose their Florida police certifications. Certification, similar to a license, allows them to be police officers. No certification — no job.</p><p>"It's called 'the death penalty,'" said Andrew J. Scott, a former Boca Raton police chief who operates a police consulting business. </p><p>A State Attorney's Office's report released earlier this week details allegations of dozens of consensual and multiple forced sexual encounters involving more than 20 LPD officers or former officers, including supervisors, and crime analyst Sue Eberle. </p><p>Eberle, 37, is on paid administrative leave from her $42,000 per-year job. Four LPD officers and a Lakeland Fire Department worker are on paid leave or modified duty, according to city officials.</p><p>Now that the investigation by the Florida Department of Law Enforcement and the State Attorney's Office is over, without resulting in criminal charges, LPD officials say they can continue their own internal investigation and determine whether departmental policies were violated.</p><p>If an allegation is found to be "sustained" in the internal investigation, that could result in departmental suspension or termination, depending on the severity of the violation.</p><p>Details of all sustained moral-character offenses committed by sworn police officers are sent to the state Criminal Justice Standards & Training Commission for review.</p><p>Moral character offenses include all felonies, some misdemeanor offenses and some non-criminal offenses.</p><p>Here are some of the allegations contained in the State Attorney's Office report and the corresponding punishment from the state commission that could follow if an allegation is sustained by LPD:</p><p>Engaging in sex while on duty is punishable by suspension to revocation of a sworn officer's certification. </p><p>Failure to report sexual battery, committing an unnatural or lascivious act and the display of obscene or lewd material are punishable by a range of actions from probation to suspension.</p><p>Exposure of sexual organs is punishable by a range of actions from suspension with probation and counseling to revocation.</p><p>Misuse of official position is punishable by suspension.</p><p>Sexual harassment involving physical contact or misuse of position is punishable by a range of actions from probation with training to suspension.</p><p>Some of the officers who resigned during the initial stages of the investigation won't have to face continued internal affairs scrutiny. But there is a black mark in their local and state records.</p><p>Gretl Plessinger is spokeswoman for FDLE, which serves the Standards & Training Commission. She said all police agencies in Florida are required to submit information to FDLE whenever a sworn officer leaves a department.</p><p>If an officer leaves during an internal investigation that focused on the officer, that should be noted on the officer's "global profile sheet." That sheet details significant dates, training and certifications.</p><p>In the cases of LPD Officers Dan Jonas and Steve Sherman, both of whom left the department earlier this year during the investigation, their information indicates the departure wasn't clean.</p><p>Jonas' sheet at the state says he left while being investigated for violating LPD policy. Sherman's sheet says he left in lieu of separation for violating moral character standards.</p><p>When police departments consider whether to hire an experienced officer, they routinely check the state information to make sure there's nothing problematic, Plessinger said.</p><p>Sometimes violations fall under broad categories. LPD, for example, doesn't have a stated policy against many of the behaviors that have been alleged, such as having sex in a squad car or in a police department building.</p><p>Nobody does, said Scott, the police consultant. He said departments usually tuck such violations into "conduct unbecoming" or "moral turpitude" prohibitions. </p><p>LPD does have a policy, signed by Chief Lisa Womack, that forbids sexual harassment, and it outlines how to report such harassment if it happens. The policy includes the use of obscene photos at work, another allegation revealed in the State Attorney's Office report.</p><p>Womack has signed many policies, mostly called general orders, for LPD officers to follow, including the following:</p><p>"Sworn members shall conduct themselves at all times, both on and off duty, in a manner that is in keeping with the highest standards of the law enforcement profession. Sworn members shall not participate in any incident that involves moral turpitude or prevents their ability to perform as law enforcement officers."</p><p>Scott said the allegations identified in the LPD report are terrible but said if he were the chief he would also be very concerned about workers who knew about sexual improprieties and never reported it, particularly police supervisors.</p><p>"Some heads need to roll" at LPD, Scott said. "If someone isn't telling on this kind of behavior, what else aren't they telling you?</p><p>[ Rick Rousos can be reached at rick.rousos@theledger.com or 863-802-7509. His Twitter feed is @snoopRICK. ]</p>